This Q&A refers to service of a document, other than the claim form, in the jurisdiction. When seeking to serve the document, the relevant procedural rule is CPR 6.26. This provides that the document will be deemed to be served on a specific day. That day will vary according to the method of service used. CPR 6.26 sets out the different methods of service and the deemed date of service in a table. There is no specific rule within the CPR service provisions (CPR Part 6 and CPR Part 7) which states whether the provisions in CPR 2.8, which deal with clear days, applies when determining the deemed date of service. However, when considering the provisions in CPR 6.26 and CPR PD 6A, para 10, in conjunction with each other, it can be seen that the provisions in CPR 2.8 do not

For the purpose of this Q&A, we have assumed that this refers to an offence under the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277. The Magistrates’ Courts Act 1980 (MCA 1980) imposes a time limit of six months for commencing criminal proceedings which can only be heard in the magistrates’ court. This time limit, imposed by MCA 1980, s 127, applies unless an alternative limitation period is expressly provided by another piece of legislation. Some legislation enable the prosecution of specific summary only offences to be started within a longer period of time from the date of the commission

Where there is a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, subject to an employee's right to object to the transfer, the contracts of employment of those employees employed by the transferor and 'assigned to the organised grouping of resources or employees that is subject to the relevant transfer', and which would otherwise be terminated

In calculating the number of hours worked in the pay reference period (see Practice Note: National minimum wage—Calculating the hourly rate for further information on pay reference periods), it is necessary to identify which hours count (and do not count) as time during which the national minimum

The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, reg 14 came into force on 26 June 2017 (see MLR 2017, SI 2017/692, reg 1). MLR 2017, SI 2017/692, reg 44 has not been amended by either the Money Laundering and Terrorist Financing (Amendment) (EU Exit) Regulations 2020 (MLR 2020), SI 2020/991 or the Money Laundering and Terrorist Financing (Amendment) Regulations 2022, SI 2022/137 (nor the Money Laundering and Terrorist Financing (Amendment)

We assume that you are referring to section 3.1.1 of Practice guide 19: notices, restrictions and the protection of third-party interests in the register which confirms that: ‘…where a restriction entered in the register requires consent or has an option requiring consent, the consent given in relation to the restriction should expressly consent to the registration of the disposition, not consent to the disposition. This requirement does not apply to a restriction that requires a certificate.

General requirements regarding disclosure A party and their legal representatives’ disclosure obligations are set out in CPR 31 and its related Practice Directions, detailed practical guidance on which is set out in our subtopic: Disclosure (see: Disclosure—overview). We draw your attention to the need to comply with your and your client’s obligations throughout and also in producing the disclosure list, on which see Practice Note: Disclosure—preparing the list of documents under Part 31. Note the standard form list is Form N265. Having reviewed that form there is no indication within it that a party is required to identify how a document came to be in their client’s control, although there is the requirement to identify the extent of the searches undertaken and to confirm that such searches are considered to be reasonable.

Section 121 of the Charities Act 2011 (CA 2011) places a requirement on the trustees of a charity to give notice if they are disposing of designated land unless one of the exemptions applies. Generally speaking, if a charity is disposing of designated land and they are not going to replace it, they will most likely have to advertise the disposition under CA 2011, s 121. The trustees should first ensure that they have the requisite power to dispose of the designated land and that there are no restrictions within the Scheme from doing so. This Q&A refers to charity’s ‘designated land’ and states that there is a power of sale of this land within the charity’s Scheme, therefore this Q&A is being considered on the basis that the charity does have the power to dispose

The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692 form part of the UK's overall anti-money laundering and counter-terrorist financing regime. They came into force on 26 June 2017 and give effect to Directive (EU) 2015/849, the Fourth Money Laundering Directive. All the auctioneers are now required to verify the identity of all bidders before an auction. If the identity of the buyer and, if relevant, the beneficial owner is not verified, then the transaction cannot proceed. MLR 2017, SI 2017/692, Pt 3 is entitled ‘Customer Due Diligence’. It obliges a relevant

This Q&A covers the valuation of property received by a beneficiary for capital gains tax (CGT) purposes. All the deceased's assets of which he is competent to dispose of by Will at the date of death (or would be if he were of full age and capacity) are deemed to be acquired at their market value at that time by his personal representatives or other person on whom they devolve (such as the severable share of a beneficial joint tenancy). See section 62(1) Taxation of Chargeable Gains Act 1992 (TCGA 1992) which explains: 'For the purposes of this Act the assets of which a deceased person was competent to dispose— a) shall be deemed to be acquired on his death by the personal representatives or other person on whom they devolve for a consideration equal

Section 4(1) of the Inheritance Tax Act 1984 (IHTA 1984) provides that on the death of any person, inheritance tax shall be charged as if, immediately before his death, he had made a transfer of value and the value transferred by it had been equal to the value of his estate immediately

Background The Data Protection Act 1998 (DPA 1998) requires all processing of personal data to be 'fair and lawful'. Additionally, that processing must satisfy at least one of the conditions set out in DPA 1998, Sch 2. For the majority of businesses the most significant of these are: • the data subject has given his consent to the processing • the processing is necessary for the performance of a contract to which the data subject is a party (or for the taking of steps at the request of that data subject with a view to entering into a contract) • the processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject So, an initial consideration of the alternatives to consent should often